SB2202 - Relating to the trafficking of a firearm to a foreign terrorist organization and to the unlawful transfer of firearms between this state and the United Mexican States; creating a criminal offense.

  89R11481 MCF-F     By: Birdwell, Eckhardt S.B. No. 2202       A BILL TO BE ENTITLED   AN ACT   relating to the trafficking of a firearm to a foreign terrorist   organization and to the unlawful transfer of firearms between this   state and the United Mexican States; creating a criminal offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 46, Penal Code, is amended by adding   Section 46.145 to read as follows:           Sec.   46.145.     TRAFFICKING FIREARM TO FOREIGN TERRORIST   ORGANIZATION. (a)   In this section, "foreign terrorist   organization" has the meaning assigned by Section 71.01.           (b)     A person commits an offense if the person intentionally   or knowingly transfers, for profit or any other form of   remuneration, a firearm to an individual who the person knows:                   (1)     is a member of a foreign terrorist organization;   or                 (2)     intends to transfer the firearm to a member of a   foreign terrorist organization.           (c)     An offense under this section is a felony of the second   degree.           (d)     This section does not apply to a person licensed as a   firearms dealer, manufacturer, or importer under 18 U.S.C. Section   923 who is lawfully engaged in the business of dealing in,   manufacturing, or importing firearms.          SECTION 2.  Sections 411.02095(a) and (d), Government Code,   are amended to read as follows:          (a)  The department may establish a program throughout this   state for preventing and detecting:                (1)  the unlawful possession or the unlawful and   imminent movement or transfer between this state and an adjacent   state or the United Mexican States of:                      (A)  firearms, in violation of Section 46.14 or   46.145 , Penal Code;                      (B)  controlled substances, in violation of   Chapter 481, Health and Safety Code; or                      (C)  currency, in violation of Section 34.02,   Penal Code; and                (2)  the commission or imminent commission of the   offenses of smuggling of persons under Section 20.05, Penal Code,   and trafficking of persons under Section 20A.02, Penal Code,   occurring in this state or involving travel between this state and   an adjacent state or the United Mexican States.          (d)  The department shall implement the program established   under this section in conjunction with the United Mexican States   and federal and local law enforcement agencies.          SECTION 3.  Section 411.02096(a), Government Code, is   amended to read as follows:          (a)  Not later than January 31 of each year, the department   shall collect information for the preceding calendar year related   to the carrying of firearms and the unlawful transfer of firearms   between this state and the United Mexican States by persons in this   state, including:                (1)  the number of persons who applied for a license to   carry a handgun under Subchapter H compared to the yearly average   number of people who applied for a license from 2010 through 2020;   [ and ]                (2)   the number of firearms that were seized by a law   enforcement agency in this state or the United Mexican States, or   that were otherwise identified as being used to commit an offense in   this state or the United Mexican States, if the seizure or offense   occurred at any time following the unlawful transfer of those   firearms from:                       (A)  the United Mexican States to this state; or                       (B)  this state to the United Mexican States; and                 (3)   any other relevant information related to the   carrying of firearms by persons in this state or the unlawful   transfer of firearms between this state and the United Mexican   States .          SECTION 4.  This Act takes effect September 1, 2025.